I have gone through the contents of the post as well as notice. Pension Rules of LIC and GIC are not settlement based, but are made and notified by the Central Government under power vested in the CG by Sec 48 0f LIC Act 56/section 17 A of the General Insurance
Business (Nationalisation) Act, 1972 .
Para 3A prescribes for rate of DR for the employees retired during a given wage revision period based on the CPI to which pay scales of such employees were linked.
Para 3B gives powers to respective authorities to determine the rate of DR for the employees to retire in future wage revision periods linking the rate of DR to respective CPI on which the pay scales were fixed.
In my opinion, challenging the para 3A or 3B alone will not serve the purpose, we have to challenge the rule calculating Basic Pension which allowed updation of basic pension to a segment of employees (retired from 1/1/1986 to 31/7/1987) and silent on subsequent groups of retirees, which is causing discrimination.
The group of those retired from 1/1/1986 to 31/7/1987 is one whose pay scales were pegged to CPI 332 and whom DA was paid at the rate calculated at CPI 332 (no. of slabs were also calculated from the same figure) but after updating their Basic Pension by adding DR as the formula given in Ann III, they were brought at par the employees who retired from 1/8/1987 to 31/7/1992 whose pay scales were calculated at CPI 600 and rate of DR is calculated at CPI 600.
This should have been allowed with every wage revision so that pension could have been updated to the latest Pay Scales and for all Rate of DR would also be the same i.e. latest one.
In AIRIEF SLP this point is also taken prominently.
I think AIRIEF has not given any call to send such legal notices.
M P Agnihotri
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